Samers
Samers v. Comm'r of Soc. Sec.
Opinion
Lead Opinion
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT
VINCE CHHABRIA, United States District Judge *1007 Nadezhda Samers's motion for summary judgment is granted. The ALJ's denial of benefits is reversed, and the case is remanded for an award of benefits.
1. The ALJ erred in discrediting the October 2016 opinion of Samers's treating physician, Dr. Crisostomo. A treating physician's opinion, "even if contradicted by another doctor, can only be rejected for specific and legitimate reasons that are supported by substantial evidence in the record." Lester v. Chater , 81 F.3d 821 , 830-31 (9th Cir. 1995). The ALJ concluded that Dr. Crisostomo's opinion was entitled to limited weight because "the medical evidence shows improvement with medications, and [Samers's] symptoms have been described as mild[.]" The ALJ supported the statement with a string cite to a series of exhibits representing Samers's entire medical history, which is, standing alone, error. More importantly, neither statement provides an accurate portrait of Samers's medical history, which is consistent with persistent and serious limitations.
The ALJ's adverse credibility determination was premised on a selective reading of the…